NIRMAL SINGH Vs. JASPAL KAUR AND ORS.

JUDGEMENT

(1.) AT the instance of appellant -defendants, the present regular second appeal is directed against the concurrent finding of fact, whereby, the suit for specific performance of the agreement to sell dated 20.10.1991 in respect of land measuring 9 bighas has been decreed and the appellant -defendants have been directed to execute and register the sale deed in accordance with terms and conditions of the agreement to sell on the receipt of balance sale consideration of Rs. 2,40,000/ - as well as to deliver the vacant possession of land to the respondents -plaintiffs. As per decree, the appellant -defendants have been restrained from transferring the land in dispute, in any manner, whatsoever to any other person other than the respondents -plaintiffs.

(2.) THE preface of the matter would be necessary before adverting to the arguments of the learned counsel for the parties.

(3.) AS per the case set up by the respondents -plaintiffs, on 25.11.1991, appellant -defendant No. 1 was paid a sum of Rs. 1,00,000/ - and in view of token of receipt of said money, executed an affidavit dated 25.11.1991 (Ex.P1). The pleaded case of the respondents - plaintiffs was that appellant -defendants did not appear before the office of Sub Registrar on 18.10.1993, whereas, respondents - plaintiffs were present. It has been sated that plaintiffs -respondents approached the defendants on 18.10.1993 and requested them to perform their part of the agreement but the defendants asked the plaintiffs to wait for another three months. Since the appellant - defendants did not perform their part of contract and notice dated 17.1.1994 (Ex.PW4/A) was sent to the appellant/defendants to discharge their part of the contract. On receipt of the notice, appellant -defendants orally assured them that sale deed would be executed after harvesting the wheat crop but failed to keep their promise. Accordingly, second notice dated 11.7.1994 (Ex.PW4/B) was sent to them and thereafter, another registered notice dated 8.9.1995 was also sent, but the appellant/defendants refused to accept the said notice. Thereafter, the suit was filed on 07.10.1995.